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SHIPMAN v. BENNETT

2 N.Y.2d 966 (1957)

William G. Shipman et al., Appellants, v. Charles H. Bennett et al., Respondents.

Court of Appeals of the State of New York.

Decided April 4, 1957.

Attorney(s) appearing for the Case

Samuel Lawrence Brennglass and Gordon I. Novod for appellants.

Walter B. Bergner, in person, and Gerald Blum for Walter B. Bergner and others, respondents.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

Per Curiam.

After examination of the various claims made by respondents, in this action to set aside a judgment on the ground of fraud, we conclude that the complaint — when construed liberally with a view to substantial justice between the parties — states a cause of action (Civ. Prac. Act, § 275; Morgenstern v. Cohon, 2 N.Y.2d 302; Dulberg v. Mock

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